HomeMy WebLinkAbout29862-ZFORM NO. 4
T0~TN OF SOUTHOLD
BUILDII~G DEPARTME~f
Office of the Building Inspector
To,al Hall
Southold, N.Y_
CERTIFICATE OF OCCUPanCY
No: Z-30296
Date: 07/14/06
THIS CERTIFIES that the building ACCESSORY
Location of Property: 5807 WESTPHALIA RD MATTITUCK
(HOUSE NO_) (STREET} (HAMLET)
County Tax Map No. 473889 Section 113 Block 12 Lot 6
Su]~i~vision Filed Map No. __ Lot No. __
conforms substantially to the Application for Building Permit heretofore
filed in this office dated NOVEMBER 6, 2003 pursuant towhich
Building Permit No. 29862-Z dated NOVEMBER 10, 2003
was issued, and conforms to all of the requirements of the applicable
provisions of the law_ The occupancy for which this certificate is issued
is ACCESSORY STORAGE SHED "AS BUILT" & AS TO CONDITIONS OF
ZBA %5379.
The certificate is issued to KE~NETH & DORORTY WOYCHI/K
(OWNER)
of the aforesaid building.
SUFFOLK COUN~fDEPARTMENT OF~F~ALTHA~PROVAL
ELECTRICAL CERTIFICATH NO.
PLI~4BERS CERTIFICATION DATED
N/A
N/A
N/A
Rev. 1/81
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 29862 Z Date NOVEMBER 10, 2003
Permission is hereby granted to:
KENNETH & DORORTY WOYCHUK
5807 WESTPHALIA RD
MATTITUCK,NY 11952
for :
CONSTRUCTION OF AN ACCESSORY SHED "AS BUILT" TO THE CONDITIONS OF
THE ZBA DECISION #5379, SHED BUILT PRIOR TO 2003
at premises located at
County Tax Map No. 473889 Section 113 Block 0012 Lot No. 006
pursuant to application dated NOVEMBER 6, 2003 and approved by the
Building Inspector to expire on MAY 10, 2005.
5807 WESTPHALIA RD
MATTITUCK
Fee $ 150.00
Authorized Signature
ORIGINAL
Rev. 5/8/02
Form No. 6
TOX~q~T OF SOUTHOLD
BUILDING DEPARTMENT
765-1802
~PLICATION FOR CERT~ICATE OF OCC~
T~s apphcation mint be fiH~ ~ by ~ez~iter or ~ ~d subdued to the BuH~g
A. For new building or new use: 1_ Final s~trvey ~£pr~perty with accurate ~ca~n ~£ a~ bui~dings~ pr~perty lines~ stroets~ and unuana~ natural ~r
topographic features.
2. Final Approval from Itealth Dept. of water supply and sewerage-disposal (S-9 form).
3. Approval of electrical installation firom Board of Firo Underwriters.
4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead.
5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate
of Code Compliance from architect or engineer responsible for the bnilding.
6_ Sfib'mit l~lallhfng Board Approval of completed site plan reqdirements.
B ~..-I~o r-.e~isliag b ::ildi~gs (t~-do r-to- A~ r ~ 9~- t~57~uoa-c~dovmin g uses,or-buildings and "pr-e-e~s~ing" land-uses:
1_ Aecttrate sut-vey of property showing all proparty lines, streets, bttilding and nnu~ual na~aral or topographic
features.
2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is
demed, the Building Inspector shall state the repons therefor in xx~ting to the applicant.
C. Fees 1. Certi~cate ~f ~ccupan~y - New dwe~g $25.~ Additi~ns t~ dwe~ing $25.~ A~terati~ns t~ dwe~li~tg $25.~
Swimming pool $25.00, Aceassory building $25.00, Additions to accesso~ building $25.00, Businesses $50.00.
2. Cextificate of Occupancy on Pre-existing Bdilding - $100.00
3_ Copy of CerdAicate of Occupancy - $.25
4. Updated Certificate of Occupancy - $50 00
5. Temporary Cartificate o f Occupancy - Residential $15.00, Commarcial $15.00
Hew Constxuction: Old or Pre-existing Building: ~ (check one)
House No. Street Hamlet
Suffolk County Tax Map No 1000, Section
Subdivision
27S' DateoC e t.
Health Dept. Approval:
Planning Board Approval:
Request for: Temporary Certificate
w Sub rt d: $ 'Sq 0 O
Block ~ //~-'~ Lot
Filed Map. Lot:
Applicant:
Underwriters Approval:
Final Cestificate:
(check one)
A~c-.ant Signa~l~e
FORM NO. 3
NOTICE OF DISXPPROVAL
DATE: March 25, 2003
TO: Kenneth Woychuk
5807 Westphalia Drive
Mattitnck, NY 11952
Please take notice that your application dated March 25, 2003
For permit for an "as built" accessors' shed at
Location of property: 5807 Westphalia Road, Mattituck. NY
County Tax Map No. 1000 - Section 113 Block 1~2 Lot _6
Is returned herewith and disapproved on the following grounds:
The as bmlt accessor~ shed, rotated on a conformln.., 87.468 square
permitted pursuant to Article IlIA Section 100-33. which states;
"In the Aedcultural-Conservation Disufct and Low-Density Residential R-80, R-120. R-200,
toot lot in the R-40 zone, is not
and R-400 Districts. accessot5~ buildings and structtrres or other accessor? uses shall be located
in the required rear yard."
The "as built" accessory shed is partially located in both the front and side yards.
Note to Appl~c application, may require
ant: Any change or deviation tob/ the above referenced
further review by the Southold Town Building Department.
CC: file, Z.B.A.
)~PPEALS BOARD MEMBERS
Lydia A. Tortora, Chairwoman
Gerard P. Goehringer
George Homing
Ruth D. Oliva
Vincent Orlando
BOARD OF APPEALS
TOgVN OF SOUTHOLD
Southold Toxwn Hall
53095 Main Road
P_O. Box 1179
Southold, New York 11971-0959
ZBA Fax (631) 765-9064
Telephone (631) 765-1809
http://southoldtown.northfork.net
[',-' ' '-'"': / ~- DINGS, DELIBERATIONS AND DETERMINATION
~ ; ............... MEETING OF OCTOBER 9, 2003
~--A-~BI.'Nb. 5379- KE~qf~TETH and DOROTHY WOYCHUK
Property Location: 5807 Westphalia Avenue, Mattituck; Parcel 1000-113-12-6.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properbj under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without an adverse effect on the environment if
the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicants' 87,466 sq. ft. parcel has 272.93 ft.
frontage along a private right-of-way off Westphalia Road in Mattituck. The property is
improved with a single-family, two-story frame dwelling with accessory garage in the rear
yard and as-built accessory shed.
BASIS OF APPLICATION: Building Department's March 25, 2003 Notice of
Disapproval, Citing Section 100~33, in its denial of a building permit application for an "as
built" location of an accessonj building in area other than required rear yard.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on September 25,
2003. at which time written and oral evidence were presented. Based upon all
testimony, documentation, personal inspection of the property, and other evidence, the
Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: Applicants request approval of the side yard
location of their as-built, 12' x 16' shed at +/0 115 ft. from the westerly front property line,
11.2 feet from the northerly side line, and 20.9 feet from the easterly lot line, at its
closest points, as shown on the April 21. 2000 survey, revised 7-2-02, by Kenneth M.
Woychuk, L.S.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Beard makes the following findings:
1. Grant of the relief requested will not produce an undesirable change in the character
of the neighborhood or a detriment to nearby properties. Applicant indicated that he
was given the present shed as a gift from a friend, unaware that after placing the shed in
its present location that he had a yard violation of the zoning code. At the hearing, the
applicant was asked if he could move the shed to a conforming location, and he replied
he could, but the rear yard was totally landscaped, and it would disrupt much of the rear
Page 2 - October 9, 2003
ZB #5379 - K. and D. Woychuk
113.-12-6 at Mattituck
yard landscaped if it were to be moved. After inspection and testimony from the
applicant, it was decided that if the applicant installed a landscape buffer on both the
neighbor's side to the north and the side facing the right-of-way, the approval of the
built location of the shed would not impact either the immediate neighborhood or district.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The shed was built in its present
location, and the landscaping completed, and there are other sheds and garages in
similar yard locations in the immediate neighborhood.
3. The variance granted herein is substantial because the code requires accessory
buildings to be located in a rear yard, rather than a side yard, as built.
5. The difficulty was self-created when the shed was planned in its present location
without cenformity to the current Town Code requirements.
6. Thero is no evidence that the grant of the relief requested will have an adverse effect
or impact on physical or environmental conditions in the neighborhood or district. The
applicants' property is on a private right-of-way which services only a few parcels. The
landowner closest to the shed is to the north, who did not voice an objection or concerns
at the hearing or in the record. The buffer of evergreen screening will lessen any
possible impact of this 10' x 12' shed at 11.2 feet from the closest side lot line..
7. Grant of the relief requested is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit of a shed, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Orlando, seconded by Member Goehringer, and duly carried, to
GRANT the variance as applied for, as shown on the survey prepared by
Kenneth M. Woychuk, L.S. revised 7-2-02, subject to the condition that the north
and west sides of the shed be landscaped with evergreens.
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses,
Page 3 - October 9, 2003
ZB #5379 - K. and D. Woychuk
113.-12-6 at Mattitu6k
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Orlando, and
Oliva. (Absent was Member Homing.) This Resolution was duly adopted (4-0).
Lydia A. '¢o,~¢ora, Acting- Chairwo~nan 10//o¢03
Approved for Filing
765-1802
BUILDING DEPT.
INSPECTION
[ ] FOUNDATION 1ST [ ] ROUGH PLBG.
[ ] FOUNDATION 2ND
[ ] FRAMING
[/] ~IJLATION
[r-~FINAL
765-1802
BUILDING DEPT.
INSPECTI ON
[ ] FOUNDATION 1ST
[ ] FOUNDATION 2ND
[ ] FRAMING
[ ] ROUGH PLBG.
[ ] INS~LATION
[--~NAL
REMARKS:
] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION
DATE
TOI:~qNr OF SOUTItOLD
BUILDING DEPARTMENT
TOVG~r H_4LL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
.FAX: (631) 765-9502
www. nonthfork, net/Southold/
PERMIT NO.
BUILDING PER2vHT APPLICATION CHECKLIST
Do you have or need the following, before appbfing?
Board of Hca/th
3 sets of Building Plans
planning Board epproval
Check
Septic Form
N.Y.S.D.E.C.
Mail to:
Phone:
Inspector
~J~ APPLI,CATION FOR BUILDING PER1MIT
Da e
INSTRUCTIONS
,20 O_,~
a. This application MUST bd completely filled in by t3qpex~q:it~r or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and watem'ays.
c. The work covered by this application rna3, not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Buildi~sg h~spector will issue a Building Permit ro the applicant. Such a permit
shall be kept on the premises available for inspection tkroughou~ the work.
e. No building shall be occupied or used in wh_ole or in part for airy purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. EveiT building permit shall expire if the work authorized has not commenced willfin 12 months after the date of
issuaztce or has not been completed within. 18 mon3hs from such date. If no zoning amendments or other re,malarious affecting the
propmq, ha'ce been enacted in the interim, 'the Baildii~g ~nspector ma.,,' anthor4ze, in writing, the extension of the petTuit for an
addition ~ix months. Thereafter, a new permit shall be'required.
APPLICATION IS HEREBY MA.DE to the Building Depamnent for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk Comity, New York, and other applicable Laws, Ordinances or
Regulatiops, for the construction of buildings, additions, or alterations or for removal or denmhtion as herein descr/bed. The
applicant agl-ees ro comply with aH applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on pre~uises0COU~A~cyand in building for necessary inspections.0~ ~' ~/si~f t~'/~/~ a
USE IS UNLAWFUL
WITHOUT CERTIFICATE o.
~.Iailing add~ess of applicant)
t 0F0C U?A ¢Y o
State whether applicant's owmer, lessee, a~ant, architect, engineer, general contractor, electdcian,' plumber or builder
~ (_as o~ th~ t~x roll or let;st ~d)
If applicant is a corporation, si~mture of dui3' authorized officer t~'v~ N,..' ,'k ;.,.F~, BUILDING -.D~RI'M~NT"- ~ ' '~ ...... AT
--____ 7,/~J'~,~s-~so~ eau TO ~PU FOR mE
(Name and title of corporate oz~Scer) ~,
~ : fOUNDATION - TWO REQUIRED
Builders License No.
Plumbers License No_
Electricians License No.
Other Trade's License No_
Location of land on which proposed work will be done:
~ 7 /z; ~-/'///;v-~:4 /e ,>.
House Number Street
Count3' Tax Map No. 1000 Section
Subdivision
(Name)
FOR POURED, CONCRETE
2. ROUGH - FRAMtNG & PLUMBING
3. INSULATION
-
co.s Ruc o.
H~SlGN OR ~N$TRUC~N
Block /~ ~;~,., ,,
Filed Map No_ ., ·
2_ State existing use and occupancy of prenuses and intended use and occupancy of proposed conslx-Udtto~
a. Existing use and occupancy
b. Intended use and occupancy
3. Nature o f work (check which applicable): New Building
Demolition
4.
5.
Repair Removal
Estimated Cost
If dwelling, number of dwelling units
If garage, number of cars
Fee
Addition Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: From
Height Number of Stodes
Rear Depth
Dimensions of same structure with alterations or additions: Front
Depth_ Height_
8. Dimensions of entire new construction: Front /,2. !
Height Number of Stodes
9. Size of lot: Front ~- 7z/' Rear ,~/Or /
Rear
Number of Stories
Rear /.9-/ Depth
Depth
10_ Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated /~- ye_)
12. Does proposed construction xSolate any zoning law, ordinance or regulation? YES NO ,~
l 3. Will lot be re-graded? '~qSS NO ~(~ Will excess fill be removed from premises? XES NO
14. Names of Owner of premises ]~'A/bc/~)/C_?4 C/~ Address ~4/7//'~'~, AJ.~. Phone No. ,,~-/~-~
Name of Architect Address Phone No
Name of Contractor Address Phone No_
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E_C. PERMITS M_AY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED..~ ~' 'f. "~
'.~:, '~ '.3 ~
16. Provide survey, to scale, with accurate fotmdation plan and distances to-pfope~ t"'~es.
l 7_ If elevation at any point on property is at 10 feet or below, must prowde topo/~r~phjcal data on sun,ey.
STATE OF NEW YORK)
SS:
(N ..... ~1 '~' ~'contract) above named,
(S)He is th~ /)Z~A/'~-~'
-- ' '~. (Contractor, Agent, Corporate Officer, etc.)
of said oi~mer or o,amers, and is duly authorized to perform or have performed the said work and to make and file this application:
that all statements contained in this application are true to the best of his knowledge and belief; and that the work wilI be
performad in the manner set forth in'the application filed therewith.
Sim~tbxre o f A~ffi/~ant
S.C.T.M. NO. DISTRICT: 1000 SECTION: 11J BLOCK: ~2 LOT(S):6 R1 0-00-01 1 0
EL 94.3
50'
[°
6'30'00"
$7.63'
0
-~c4 EL 99,2
27~ I 36.0'
'EL 95.1
MON
S 2
LIPA poWER uNES
WELL
LAND N/F OF
CONRAD fi~ULLOCK
EL
102.
214-;
EL 97.0
TOWER
EL 97.5
s% °N
COX NECK ROAD (C.R. 84) ~-
EL lO0.O
SPK FD
OmL. E/~ z / o v...m~ ~. ~ ' P~PE rD
LAND OF COUN~ OF SUFFOLK
AREA: 87,465.7 S.F. OR 2.0 ACRES
FINAL SURVEY 7-2-02
FOUNDATION LOCATION
4.27-01
ELEVATION DA TUM: ASSUMED
UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF TI-IE NEW YORK STATE EDUCATION LA~ COPIES OF THIS SURVEY
MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TP, UE COPY. GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION
LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS
AND/OR SUBSURFACE STRUCYURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY
survEY OF: DESCRIBED PROPERTY
MAP OF:
FILED:
SITUATED AT: MATTITUCK
TOWN OF: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
FiLE # 20--80 SCALE: 1 "=40' DATE: APRIL 21, 2000
CERTIFIED TO: KENNETH & DOROTHY WOYCHUK;
PREFERRED ABSTRACT CORP.;
KENNETH M. WOYCHUK L.S.
Land Surveying and Design
P.O. Box 3, Ma[tiLuck, New York 11952
PHONE (631) 298-1588 FAX (631) 298-1588
maintaining ghe reco~ds of RoberL J. Hennessy